Motion for Post-Conviction Relief Pursuant to FRCP 3.850
After a defendant has exhausted his methods of direct review, it is time to investigate the potential for collateral attack of the record. In other words, did anything occur that prejudiced the defendant that was not apparent from the face of the record. This attack comes in the form of a Motion for Post-Conviction Relief pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure.
In addition to a collateral attack of the record, the rule allows for review of the proceedings if (1) the judgment was entered or sentence was imposed in violation of the Constitution or laws of the United States or the State of Florida; (2) the court did not have jurisdiction to enter the judgment; (3) the court did not have jurisdiction to impose the sentence; (4) the sentence exceeded the maximum authorized by law; or (5) the plea was involuntary. A typical ground raised under Rule 3.850 is a violation of the defendant’s Sixth Amendment rights where there was ineffective assistance of counsel.
It is critical to abide by the procedural time constraints that not only a motion pursuant to Rule 3.850 but a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 impose upon a defendant seeking collateral and federal review of his or her conviction and sentence. Rule 3.850 outlines a two year window for timely filing, unless one of three certain criteria are met. This two year window begins to run once the conviction and sentence become final or from the date of decision of a District Court of Appeal.
The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 calls for a one year time frame for filing. However, this time is tolled by the filing of a direct appeal or proper motion under Rule 3.850. This time is tolled because in order to receive federal review of a claim, that claim must have been federalized and fully exhausted during the state process.
For further information related to the filing of a motion for post-conviction relief pursuant to FRCP 3.850 or how Foundation Legal can assist you, please contact us.